Long-Term and Dangerous Offender Designation: Difference between revisions

From Criminal Law Notebook
← Older editNewer edit →
VisualWikitext
m Text replacement - " S.C.R. " to " SCR "
No edit summary
Line 22: Line 22:
===History===
===History===
The provisions of the Criminal Code regarding indefinite detention arose from the 1938 Archambault Report that recommended implementing a regime that separated dangerous offenders from society. In 1947 the first amendments were made creating an indefinite detention order for "habitual criminals".<ref>
The provisions of the Criminal Code regarding indefinite detention arose from the 1938 Archambault Report that recommended implementing a regime that separated dangerous offenders from society. In 1947 the first amendments were made creating an indefinite detention order for "habitual criminals".<ref>
{{CanLIIR|Ipeelee|fqq00|2012 SCC 13 (CanLII)}}{{perSCC|LeBel J}}{{atsL|fqq00|40| to 45}}
{{CanLIIRP|Ipeelee|fqq00|2012 SCC 13 (CanLII)|[2012] 1 SCR 433}}{{perSCC|LeBel J}}{{atsL|fqq00|40| to 45}}
</ref>
</ref>


The first amendment to the Criminal Code introducing the dangerous offender regime was in 1977.<ref>
The first amendment to the Criminal Code introducing the dangerous offender regime was in 1977.<ref>
{{CanLIIR|Boutilier|grx23|2016 BCCA 235 (CanLII)}}{{perBCCA|D Smith JA}}{{atL|grx23|24}}<br>
{{CanLIIRP|Boutilier|grx23|2016 BCCA 235 (CanLII)|336 CCC (3d) 293}}{{perBCCA|D Smith JA}}{{atL|grx23|24}}<br>
</ref>  
</ref>  
It was later amended in 1997 and the in 2008 with the Tackling Violent Crime Act (SC 2008, c. 6).<ref>
It was later amended in 1997 and the in 2008 with the Tackling Violent Crime Act (SC 2008, c. 6).<ref>

Revision as of 08:55, 24 June 2021

Introduction

See also: List of Dangerous Offender Designated Offences

Part XXIV of the Code, between s. 752 and 761, creates a regime to designate certain offenders as either "long-term offenders" (LTO) or "dangerous offenders" (DO). These offenders will be subject to either a long-term offender supervision order, in the case of an LTO, or an order of indeterminate detention, in the case of the DO.

A DO order is a "preventative sentence ... in its clearest and most extreme form".[1]

Purpose

The Purpose of DO orders is not punitive and not rehabilitative. It is first and foremost for the purpose of segregating the offender from society.[2] It applies to those offenders where segregation is a "rational means" of achieving public safety.[3]

  1. ↑ R v Boutilier, 2017 SCC 64 at para. 33(complete citation pending)
    R v Sipos, 2014 SCC 47, [2014] 2 SCR 423 (S.C.C.), at para. 19(complete citation pending)
  2. ↑ Boutilier, supra, at para (complete citation pending)
  3. ↑ Boutilier, supra, at para (complete citation pending)

History

The provisions of the Criminal Code regarding indefinite detention arose from the 1938 Archambault Report that recommended implementing a regime that separated dangerous offenders from society. In 1947 the first amendments were made creating an indefinite detention order for "habitual criminals".[1]

The first amendment to the Criminal Code introducing the dangerous offender regime was in 1977.[2] It was later amended in 1997 and the in 2008 with the Tackling Violent Crime Act (SC 2008, c. 6).[3]

  1. ↑ R v Ipeelee, 2012 SCC 13 (CanLII), [2012] 1 SCR 433, per LeBel J, at paras 40 to 45
  2. ↑ R v Boutilier, 2016 BCCA 235 (CanLII), 336 CCC (3d) 293, per D Smith JA, at para 24
  3. ↑ Boutilier, ibid., at para 23
    see List of Criminal Code Amendments

Topics

Digests

Retrieved from "https://criminalnotebook.ca/index.php?title=Long-Term_and_Dangerous_Offender_Designation&oldid=76113"